Legal Practices Beyond the Law That Eliminate the Rights of Traffic Accident Victims in the Implementation of Special Lease Transportation

Abstract

The present study identifies legal practices that violate legal entity requirements for operating Special Lease Transportation (SRT), extending beyond the boundaries of established laws. This transgression takes the form of vertical inconsistencies in the hierarchy of laws and regulations, where higher regulatory norms mandate SRT administrators to be legal entities, while lower regulatory norms allow them to operate without such status. Such inconsistencies have profound implications for the loss of corporate criminal charges and the right to compensation for victims of traffic accidents caused by SRT organizers who lack a legal entity. The absence of adequate legal norms to protect and guarantee corporate criminal charges and the right to compensation for victims of traffic accidents arising from SRT operators without legal entity status constitutes a legal practice that goes beyond established law. Such practices disregard the protection of guarantees for legal certainty and community justice, as stipulated in legislation.

Keywords: Road Transportation Law, Regulatory Inconsistency, Right to Compensate Traffic Accident Victims.

DOI: 10.7176/JLPG/131-08

Publication date: April 30^th 2023